The Construction Of The Tainted Witness System In The Investigation Stage Of The Duty Crime Case

Duty crime is a strong concealment, high intelligence and criminal activities, the implementation of duty crime, or in the absence of third people participated in the "one to one" of the case, or form a community of interests and the duty crime investigation, offensive and defensive alliance, for the prosecution, the trial will bring great challenge. Therefore the effective witness cooperation, provide evidence of direct verbal established duty crime case investigation, prosecution and trial successfully plays an important role, can disintegrate crimes or the interests of the community relations molecular offensive and defensive alliance.The privilege against self incrimination established for the amendment of the criminal procedure law of important principles, is a great progress of criminal legislation, but also to the criminal investigation activities especially the great impact of duty crime investigation, because words evidence is the duty crime case evidence form. But because of the current system of the lack of clear legislation, legal norms have a set of standard of witness exemption from criminal responsibility, resulting in inconsistent with the need of theory and practice is not conducive to the judicial organs for tainted witness in the legal track testimony, punishing crime, is not conducive to strengthening the construction of judicial law enforcement regulations and to prevent power corruption, is also detrimental to the protection of human rights.The realistic necessity of establishing the Stain Witness System as the foundation, from the specific implementation considerations of foreign tainted witness immunity system, according to the need of the duty crime investigation stage, put forward the construction of the Stain Witness System, by continuously establishing and improving the system of tainted witness duty crime investigation stage.